Orange County Putative Spouse Attorneys Representing Clients In California
In the state of California, there are a variety of unconventional marital arrangements that are recognized under state law. These include those who cohabitate, unwed parents, and even putative spouses. If any of these situations apply to you, it is important to have a skilled attorney on your side who has the experience needed to get you the best results for your case.
At Sarieh Law Offices, our family lawyers have handled many putative spouse cases. Here are some of the most common questions we have received from former clients:
- What is a putative spouse?
- How is “good faith” determined?
- What are the rights of putative spouses in California?
What Is A Putative Spouse?
A putative spouse is someone who cohabited with another person and although they were not legally married, they believed under good faith that they were indeed married to that person. In short, it is a union entered into good faith, but due to a legal flaw, such as a preexisting marriage from one of the partners, it is considered invalid.
How Is “Good Faith” Determined?
According to CEJA v. Rudolph Sletten INC., “good faith must be judged on a case-by-case basis in light of all the relevant facts, such as the efforts made to create a valid marriage, the alleged putative spouse’s background and experience, and the circumstances surrounding the marriage, including any objective evidence of the marriage’s invalidity. Under this standard, the reasonableness of the claimed belief is a factor properly considered along with all other circumstances in assessing the genuineness of that belief. The good faith inquiry, however, does not call for the application of a reasonable person test, and a belief in the validity of a marriage need not be objectively reasonable.”
What Are The Rights Of Putative Spouses In California?
Under California law, a putative spouse will have the same rights as a surviving spouse if their spouse has passed on. For example, if the deceased spouse died with any assets that were not transferrable with a valid will or trust, then the surviving putative spouse will be entitled to all of the assets that were acquired during the course of their union. The surviving putative spouse is also entitled to a portion of the decedent’s separate property assets.
In the event of a dissolution of their union, a putative spouse will also be entitled to any property, support, or attorney fees and costs similar to the divorce of a valid marriage. If you are unsure of what else the rights of a putative spouse include, it is best to speak with an Orange County family lawyer.
Contact An Award-Winning Putative Spouse Law Firm In Orange County, CA To Learn More
Have you entered into a union under the good belief that you were in a legitimate marriage and need help navigating the complicated legal system? Do not fret. Sarieh Law Offices is here to help.
We know you will have a lot of questions and not be sure what your rights are, but our family attorneys have years of experience and guide you through this time in your life. To learn more about your rights and what your legal options are, contact us for a case evaluation at (714) 542-6200.